The Top Illinois Child Custody Attorneys

We Know What it Takes to Win Child Custody Cases in Illinois.

Our law firm has the knowledge and skill to resolve your matter in court. We have a proven track record of success in child custody and parentage cases.
Our cases often involve some of the most complex subject areas combined with Allocation of Parental Responsibilities and Parenting Time including:

• Adoption
• Relocation
• D.C.F.S. Investigations
• Domestic Violence
• Divorce
• Uncooperative Parents
• Orders of Protection
• Withholding of a Child
• Kidnapping

Our team of knowledgeable, passionate, and experienced attorneys will fight for you and your child every step of the way. We have the knowledge and resources to get the best possible outcome for your case.

The circumstances of every case are different, but there is little doubt that custody of a child and deciding where your child resides is a significant concern for any party in a divorce or parentage matter.

If you would like to learn what our attorneys can do for you, please call us today at (312) 210-9614 or book a consultation online.

What is Allocation of Parental Responsibilities in Illinois?

In Illinois Child Custody is now called Allocation of Parental Responsibilities

Custody and visitation were previously outlined in the Illinois Marriage and Dissolution of Marriage Act (I.M.D.M.A.) and the Illinois Parentage Act (Parentage Act).

Child custody was known as the legal parent-child relationship in Illinois. Custody usually comes in two forms: joint legal custody and sole legal custody. Even if the chooses to award joint custody, each joint custody matter usually requires that the court determines which parent will have primary custody. Many parents are confused by the terminology, but the new laws in 2016 and 2017 have made things easier to understand.

The term child custody has been replaced in Illinois. These changes took effect in 2016 when new laws were passed in Illinois surrounding divorce, child custody, and visitation. With the new law that took effect, the new term for child custody is "parental responsibilities” under 750 ILCS 5/600 (d).

A parental responsibility that may be allocated through the family court include choices regarding:

• Education
• Healthcare
• Religion
• Extracurricular Activities

Visitation is about the time that is spent with the child. The term visitation has now been replaced with the term “parenting time” due to the significant changes to the I.M.D.M.A and Parentage Act.

Changes to the Illinois Marriage and Dissolution of Marriage Act and the Illinois Parentage Act

Three Acts that have been adopted and passed by the Illinois General Assembly regarding child custody, child support, and visitation include the following:

The Illinois Marriage and Dissolution of Marriage Act. (I.M.D.M.A.) (750 ILCS 5/)

The Illinois Parentage Act (750 ILCS 46/)

The Uniform Child Custody Jurisdiction and Enforcement Act (U.C.C.J.E.A) (750 ILCS 36/)

Changes have occurred several times since the inception of the I.M.D.M.A.in 1977 and other acts. The legislature came to realize that families in the United States are not as traditional as they once were. Over time, the Illinois legislature started to focus more on families and how to preserve traditional and non-traditional families alike.

Joint Physical Custody vs. Sole Physical Custody

In most cases, it is presumed that joint custody is in the best interests of the child. If one parent can prove that the other parent is harmful or detrimental to the child, then this presumption may be overturned.The court looks at many different factors in determining these cases, like how well the parents get along and how the child is doing.

Under the current law, there are two types of custody: joint custody and sole custody. Joint physical custody means that both parents share the responsibilities of raising the child. Sole custody means that only one parent is responsible for raising the child.

The changes to the I.M.D.M.A. were designed to promote more cooperative parenting arrangements and to reduce conflict between parents. The changes also provide more flexibility for courts when making custody determinations in family law cases.

The Abolishment of Heart Balm Cases in Illinois

Heart Balm actions previously allowed those with what were considered a “broken heart” to sue the individuals that either stopped a marriage from occurring or even a third party that may have caused issues within a marriage. The standard for alienation and interference within a marriage was generally the requirement for these court cases.

Child Support Changes in Illinois Family Law Matters

The calculation of child support is based which parent has the majority of physical custody, and which parent has the majority of parenting time. The old calculation looked at net income, which was found by deducting taxes, social security, retirement contributions, health insurance, and other deductions permitted by Illinois. Now it is calculated based upon both parents combined gross income and a net income conversion chart.

The Best Interests of Children are Given the Highest Priority in Family Law Cases.

Ultimately, the courts look at the best interests of a child including:

• the determination of a child’s financial needs;
• the responsibilities of both parents and their needs;
• the emotional, mental, and physical health of a child during development; and
• the standard of living the child has become accustomed to if the parents were living together.

If you are involved in a parentage case, you should consult with an experienced child custody lawyer to ensure that your rights are protected. The lawyers at Chicago Family Attorneys have extensive experience handling allocation of parental responsibility cases. We are proud to say that we are a family law firm with the best attorneys in Illinois.

Representation of Children in Your Parental Responsibility Matter

Allocation of Parental Responsibility or Parenting Time matters are a part of a legal process whereby a court decides whether joint legal custody or sole custody is appropriate based upon the best interests of a child. Sometimes it is hard for the court to award joint custody without an independent evaluator involved in the matter.
In some child custody cases, the court may appoint a Guardian ad Litem or a Child Representative to represent the children within the case.

The roles of these attorneys are defined in statute 750 ILCS 5/506. Guardians ad litem are lawyers who help the court make decisions about what is best for the child. Child representatives help communicate what the child wants or needs to the court.

Without an appointed Guardian ad Litem in a contested matter, the parties may seek to have their attorneys resolve the issues concerning custody arrangements. Custody arrangements can include choices on the medical care of the children in the case, joint physical custody between biological parents, and what level of a parent's involvement is appropriate in certain choices.

Guardian ad Litems look at many factors in determining what is in the children's best interest within a case. Guardian ad Litems are often essential to family law issues and custody decisions.

The court looks at how well the parents work together, how involved each parent is in the child's life, and the child's relationship with each parent. The people who help make decisions about custody are called representatives. They make sure that parents talk to each other, follow what the court says, and present a good case to the court.

Parents must comply with the court order and work with the people involved in the case. The child's upbringing will be closely watched and each parent will be expected to help make things better.

Why should I hire a family law firm for this matter?

Child custody lawyers are knowledgeable about the law and can provide guidance and advice to their clients. In addition, child custody lawyers can represent their clients in court if necessary. They can also work with the judge, the other party, and even another law firm to try and meet the child's and parents' interests.

If you are involved in a child custody case, it is important that you consult with an experienced child custody lawyer to ensure that your rights are protected.

These cases are determined by evaluating the best interests of children. The court will consider different factors when they are making a decision. This includes whether or not the child has been able to express a preference for one party over the other (if they are old enough), and also what type of home environment each party can provide.

The willingness of each parent to encourage a close and continuing relationship between the child and the other parent is also important. Courts may also consider the physical, emotional , and mental health of each parent, as well as any history of abuse.
When making a child custody determination, courts will also look at which parenting plan is in the child's best interests. Parents can either develop their own parenting plan or ask a lawyer or mediator to help them create one.

If you are ready to resolve your child custody issues, fill out this form and book an appointment online with us.

What is the Purpose of the Illinois Marriage and Dissolution of Marriage Act?

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The purpose of the I.M.D.M.A. is not only for marriage and divorce. The I.M.D.M.A. covers a large variety of issues, including how the court determines a custody matter, which family court is appropriate to try a matter, how primary custody may be decided,

Section 102 of the Act outlines the underlying purpose of the Illinois Marriage and Dissolution of Marriage Act thoroughly.

Statute 750 ILCS 5/102outlines that the following must occur in Illinois Marriage and Divorce cases:

1. Make sure there are clear procedures in place for solemnizing and registering marriages;
2. Protect the sanctity of marriage and family relationships;
3. Help couples resolve disputes peacefully and amicably;
4. Mitigate the potential harm to spouses and their children during divorce proceedings;
5. Ensure that decisions about child custody, parenting time, and other parental responsibilities are made promptly and predictable to avoid prolonged uncertainty for the children involved.
6. Recognize the right of children to a healthy relationship with parents within their relationship, and the responsibility of each parent to ensure a healthy relationship;
7. Acknowledgement that one of the most important roles of Illinois courts is to determine the best interests of children in each allocation of parenting time and significant decision-making case. Due to that requirement, the court must work with the parties to:

(A) recognize a child’s right to a strong and healthy relationship with both parents;

(B) recognize that, so long as domestic violence is not present, the court must promote time with both parents for the healthy development of children;

(C) facilitate parental plans and agreements regarding the upbringing and allocation of parenting time for children;

(D) continue existing parent-child relationships, and maximize involvement with both parents for the best physical, emotional, and mental health during and after the court process;

(E) promote or order parents to participate in programs designed to educate parents so they can minimize the effects of litigation involving children and cooperate in raising the children within the matter.

8. Make sure that you, your former spouse/partner, and any minor children receive the support you need during and after a separation, divorce, parentage, or other related matter. This includes advances for attorneys fees and other necessary costs.

9. Avoidance of marital misconduct including adultery, cruently, and desertion from affecting the underlying cases.

When evaluating these considerations, the circuit court will examine each requirement to make sure that each parent is giving the minor children within each case the support and care each child needs.

Decision-Making and Parenting Time Are Important To Every Parent

750 ILCS 5/602 covers the ability of parents to make decisions on behalf of their children. The I.M.D.M.A controls the appropriate decision-making for each parent.

Parents do not have to be married for the I.M.D.M.A. to affect their case. This portion of the act concerns all families with children, even if they were never married.

The four significant areas of Allocation of Parental Rights under decision-making include education, health, religion, and extracurricular activities.

Parenting Time Under Illinois Law

Parenting time and visitation rights are often phone calls that most attorneys in family law firms regularly handle. Usually, one parent requests that joint physical custody or sole custody occurs in a matter. Whether you are a parent starting your first case or have been through the entire process and need a modification, our attorneys know how to assist you in your matter.

The good news is that plenty of tools are available to help each client we choose to work with. Our firm can try and come up with a legal strategy that fits our client's needs.

Unless both parties have a written agreement or a parenting plan has been entered by the courts, both parents are to be allocated time. Before a court order is entered, many factors must be considered under 750 ILCS 5/602.

• The wishes of each parent seeking parenting time;
• The wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to parenting time;
• The amount of time each parent spent taking care of the child in the last 24 months or since the child was born, whichever is shorter, before any petition for allocation of parental responsibilities was filed;
• The interaction and interrelationship of the child with each parent, his or her siblings, and any other person who may significantly affect the child's best interests;
• The willingness of each parent to facilitate a meaningful relationship with the other parent;
• The child's adjustment to home, school, and community routines;
• The child's needs;
• Any prior agreement or course of conduct between the parents relating
• Willful denial of parenting time by a parent which significantly impairs the child's physical, mental, emotional, or developmental health;
• The willingness of each parent and their ability to place the needs of the child before theirs;
• The distance between the residences of the parties;
• The frequency, duration, and type of contact between the child and each parent;
• Whether one of the parents is a convicted sex offender as defined in Illinois Compiled Statutes 5/11-1.50 and whether there is a risk to the child's safety while in the care of that parent. In this instance, Illinois law
• Whether a restriction on parenting time is appropriate;
• Physical violence or threat of physical violence by the child's parent directed against the child or other household members;
• The terms of a parent's military family care plan;
• Any other terms the court might find relevant;

Our law firm has experienced divorce attorneys and child custody attorneys that know how to navigate all types of child custody in Illinois. If you would like to book a free consultation, please call us at (312) 971-2581 or book an appointment online.

The Uniform Child Custody Jurisdiction And Enforcement Act (U.C.C.J.E.A.)

The Uniform Child Custody Jurisdiction and Enforcement Act (U.C.C.J.E.A.) is vital for lawyers and parents alike. This Act addresses a large number of problems that parents face if they have already had a state in a different state, they live in different states, or relocation out of state has occurred or is about to occur.

The Uniform Child Custody Jurisdiction and Enforcement Act is a law that determines which state has the authority to make decisions about a child's custody arrangement. The U.C.C.J.E.A also establishes procedures for enforcing child custody orders in Illinois family law matters.

The U.C.C.J.E.A is an important law for Illinois families because it provides a clear process for parents to follow when they want to establish or change a child custody arrangement. The U.C.C.J.E.A also helps to prevent conflicts between states by establishing rules for determining which state has jurisdiction over a child custody case.

The history of the U.C.C.J.E.A is rooted in the need to protect children from the potential adverse effects of being caught in a custody dispute between two states. Some of the rules that the U.C.C.J.E.A sets out include determining which state's law will be applied in a child custody case, registering an out-of-state child custody order in Illinois, and modifying a child custody order.

The U.C.C.J.E.A was enacted in all 50 states, including Illinois. The first version which Illinois accepted was passed in 1979

The U.C.C.J.E.A is broken up into four different sections:

Article 1 of the U.C.C.J.E.A specifically addresses the act's purpose and the terms used throughout the act. This section is known as the "General Provisions."

Article 2 of the U.C.C.J.E.A addresses jurisdiction. Jurisdiction is critical because it dictates which state can decide a child's custody arrangement.

Three types of jurisdiction are addressed in the U.C.C.J.E.A:

• Home State Jurisdiction: This is when the child has lived in Illinois for at least six months before the start of the custody case. Illinois will have home-state jurisdiction as long as Illinois is the child's home state.
• Continuing Jurisdiction: This is when Illinois was the child's home state, but the child has since moved to another state. Illinois will have continuing jurisdiction if Illinois was the child's home state within the last six months and one of the following conditions is met:

(1) the child is absent from Illinois but Illinois remains the home state;

(2) the child is a resident of Illinois but lives in another state with a parent, guardian, or person acting as a parent; or

(3) another state has declined to exercise jurisdiction because Illinois is the more appropriate forum.

• Exclusive, Original Jurisdiction: This is when Illinois is the only state that has jurisdiction over the child custody case. Illinois will have exclusive, original jurisdiction if no other state has jurisdiction, Illinois is the child's home state, or the child has been absent from Illinois for less than six months.

Article 3 of the U.C.C.J.E.A addresses the enforcement of child custody orders. The U.C.C.J.E.A provides procedures for enforcing child custody orders in Illinois.

The U.C.C.J.E.A allows Illinois courts to enforce child custody orders from other states. To do this, the Illinois court must first determine that the out-of-state order is valid and then decide if it should be enforced in Illinois.

Article 4 of the U.C.C.J.E.A addresses miscellaneous provisions. This section includes provisions that are not explicitly related to jurisdiction or enforcement.

Some of the rules that the U.C.C.J.E.A sets out include determining which state's law will be applied in a child custody case, registering an out-of-state child custody order in Illinois, and modifying a child custody order. The U.C.C.J.E.A is an essential law for Illinois families because it provides a clear process for parents to follow when seeking to establish or modify a child custody arrangement.

The U.C.C.J.E.A also helps to prevent conflicts between states by establishing rules for determining which state has jurisdiction over a child custody case. If you have questions about the U.C.C.J.E.A or any other family law issue, please contact our office to speak with the best family law firm in Illinois.

Establishing Custody For Unmarried Parents In Illinois

When a child's parents are unmarried, the child's custody arrangement must be established by a court. In Illinois, child custody laws give unmarried mothers automatic legal custody of their children. The child's father must take specific legal steps to establish paternity and gain custody rights.

Once paternity has been established, the court will consider both parents' wishes and the child's best interests when determining custody. The court may award joint or sole legal custody and physical custody to either parent.

If you are an unmarried parent in Illinois, it is important to seek knowledgeable legal assistance to help you establish child custody arrangements that are in your child's best interests. Chicago Family Attorneys can explain your legal options and help you navigate the child custody process.

If you would like to speak to an experienced divorce lawyer who can help you navigate the divorce process and child custody issue, please call our law offices at (312) 971-2581 or book a consultation online.

Reasons For Supervised Visitation Or No Visitation

There are many factors that a judge will consider when making a child custody determination, and one of those is whether or not supervised visitation or no visitation is in the child's best interests.

The judge may order supervised or no-contact visitation based on several factors. If one or both parents have safety concerns for the child, they will likely have a supervisor present when the child spends time with each parent. This ensures that there remains balance while maintaining a relationship between them. This will help ensure long-term stability for the child.

Supervisors may include grandparents or other family members to monitor the visits. Another option is an approved independent supervisor that a parent may pay for.

The purpose behind these measures is for two purposes:

• These measures protect against potential harm, including anger management issues arising out of long-term stress or conflict.
• This second reason is that it creates an opportunity for the family dynamics to change positively so the relationship can improve.

Do I Need A Parenting Plan In Illinois For A Child Custody Case?

If you are going through a parentage case in Illinois, you may need a parenting plan, but it depends on the circumstances and the court's order.

This plan will include where the child will live, how much time they will spend with each parent, and which parent will make decisions about their education, health, and extracurricular activities. It is important to note that a parenting plan is not the same as an Allocation of Parental Responsibilities judgment. An Allocation of Parental Responsibilities judgment is a legal document that outlines the rights and responsibilities of each parent.

A parenting plan is a more detailed document that establishes a specific schedule and residential arrangement for the child. The court will not necessarily provide guidelines for co-parenting.

For this reason, many families choose to create a parenting plan even if the court does not require them. Creating a parenting plan can be challenging, but it can also be an opportunity for families to come together and make decisions that are in the best interest of their children.

If you are considering creating a parenting plan, you should consult an attorney to protect your rights. If you would like to speak to the best Chicago child custody lawyers, call (312) 971-2581 or book a consultation online.

Can I Modify a Child Custody Agreement?

Illinois law provides that child custody may be modified if a change in circumstances makes the current arrangement no longer in the child's best interest. To modify child custody, you must file a petition with the court and serve it on the other party. It is important for the party motioning the court to outline the significant change in circumstance in their petition.

The court will then set a hearing date and allow both parties to present evidence as to why the child custody should or should not be modified. After considering all of the evidence, the court will determine whether or not child custody should be modified. If you are considering modifying child custody, you should contact an experienced family lawyer to discuss your case and ensure your rights are protected.

Relocation in Child Custody Matters

Moving is complicated enough, but it can be even more challenging when you uproot your family. If you are a parent planning to move, you may wonder how it will impact your child custody arrangement. The good news is that Illinois custody laws deal with relocation in a very specific way.

You must first notify the other parent and the child's attorneys or lawyers. You must give at least 60 days' notice before you move and include specific information about the move, like when it will happen, what the new address will be, and what school your child will attend. Once you have given notice, the other parent has 30 days to object to the move. If they do not object, then the move can proceed as planned.

If the other parent does object to the move, he or she must file a motion with the court asking for a custody modification. The court will then set a hearing to determine whether or not the move is in the child's best interests. The court will consider factors such as the child's relationship with each parent, the child's adjustment to his or her current home and school, and whether or not the move will improve the child's quality of life.

If you are planning to relocate, you must speak with a family law attorney who can help you gain the best outcome. If you would like to hire an experienced family law firm that will work hard for you, call us today at (312) 971-2581 or book a consultation online.

Our Team of Chicago Custody Lawyers Have What It Takes to Give You Results

Child custody is often one of divorce or family law cases' most challenging parts. It can be emotionally charged and complex, especially when parents cannot agree on what is best for their child. If you find yourself in this situation, you must know that you have options.

You can hire an attorney to represent you and your child's interests in court, or you can try to negotiate a custody agreement with the other parent. There are significant risks to representing yourself. While the process can be stressful, remember that you are not alone. Chicago Family Attorneys can help you navigate this difficult time.

Frequently Asked Questions - F.A.Q.s 

Do courts favor the mother over the father in child custody cases?
A: There is a common misconception that courts always favor the mother over the father in child custody cases. While it is true that mothers have historically been given preference in child custody cases, this is no longer the case. Courts now recognize that parents are equally important in a child's life and that custody should be awarded accordingly.

This change in attitude is partly because more and more fathers are now taking an active role in their children's lives. Fathers are now more involved in their children's schooling, extracurricular activities, and upbringing. As a result, courts are more likely to award child custody to fathers who can provide their children a stable and loving home.

At what age can a child choose which parent to live with in Illinois?
A: There is no hard and fast rule regarding a child's choice of the parent to live with in Illinois. The court will consider the child's preference no matter their age. Between the ages of 14-17, a child's wishes may be taken into account more by the court when making a decision, but in the end it is up to the judge to decide what is best for the child.

Does my child need to appear in court?
A: If you are going through a child custody case, you might wonder if your child will need to appear in court. The answer is usually no. Instead, a guardian ad litem (G.A.L.) may be appointed to represent the child and recommend what is best for them.

What is sole physical custody and how do people get it?
A: Sole physical custody means one parent has primary physical custody of the child and the other parent has visitation rights. This means that the child lives with one parent most of the time, and the other parent only sees them on weekends or for a few hours each week.

In some cases, this type of custody may be awarded to one parent if the other parent is deemed unfit to care for the child. This could be due to drug or alcohol abuse, mental illness, or a history of domestic violence. If you are interested in pursuing sole custody, you should speak with an experienced family law attorney who can help you navigate the process.

When is the child's preference for custody considered in a court case?
A: The child's preference is considered when the court is deciding on child custody. The child's age, health, and relationship with each parent are some factors that the court will consider. If you are going through a child custody case, it is essential to have an experienced attorney on your side who can help you navigate

Can child custody be changed?
A: Child custody arrangements can be modified if circumstances change, such as moving to a new state or changing the child's needs. However, it is essential to note that courts are typically reluctant to make changes to custody arrangements that have been in place for some time.

What is the difference between custody and visitation in Illinois?
A: Custody refers to the legal relationship between a parent and child, whereas visitation refers to the schedule of when a non-custodial parent can spend time with their child. In Illinois, there are two types of custody: physical and legal. Physical custody refers to where the child will live, and legal custody refers to who will make decisions about the child's education, health, and welfare. Visitation schedules can be flexible, but the non-custodial parent will generally have visitation on weekends and holidays.

If you are going through a child custody case in Illinois, it is important to have an experienced attorney on your side who can help you navigate the process

How is child support determined with child custody under the Illinois Marriage and Dissolution of Marriage Act?
A: Child support is generally based on the income of the non-custodial parent and the child's needs. However, there are a number of factors that can influence how child support is determined, such as whether the parents have joint or sole custody of the child. If you are going through a divorce or child custody case, it is very important to have an experienced lawyer who can help you navigate the process.

If you are dealing with a child custody or divorce case in Chicago, it is important to have an experienced attorney on your side who can help you navigate the process. The attorneys at our law firm have extensive experience handling child custody and divorce cases in Chicago, and we can help you protect your rights and interests.

What is a Guardian Ad Litem (G.A.L.)?
A guardian ad litem is a neutral family law attorney representing the child's best interests in an Illinois child custody case. The G.A.L. is tasked with investigating the child’s living situation and recommending what is in the child’s best interests to the court.

This may include recommendations about which parent should have primary custody, what kind of visitation schedule would be best, and whether any special considerations should be made for the child’s care. The G.A.L. is an essential advocate for the child in a child custody case and can help ensure that the child’s needs and best interests are considered throughout the legal process.

When will a Guardian Ad Litem be Appointed in a Child Custody Case?
A G.A.L may be appointed in cases where there is a dispute over custody or visitation, or when one parent alleges that the other parent is unfit. The G.A.L. will interview the child, parents, and other important people in the child's life, and then recommend to the court what custody arrangement would be in the child's best interests.